NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR D.C, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE AT DATE OF ENTRY INTO SWEEPSTAKES. VOID OUTSIDE OF THE US AND WHERE PROHIBITED BY LAW.
1. Introduction.The ThisTV Friday Flick Pick Sweepstakes ("Sweepstakes") is sponsored by Pollcast, Inc., 112 West 34thStreet, 18th Floor, New York, NY 10120 ("Sponsor"). Twenty-five (25) callers each week will win a ThisTV baseball cap (Five (5) per Daily Entry Period). One Grand Prize winner will win $500 cash, in the form of a check or a pre-paid Visa card once per Monthly Entry Period ("Prizes"). All applicable federal, state, and local laws, regulations and rules apply.
ONLY THREE (3) TOTAL GRAND PRIZE PACKAGES WILL BE AWARDED.
2.Timing. The Sweepstakes begins on July 6, 2014 at 8:00 a.m. Eastern Time ("ET") and ends on September 27, 2014 at 7:59 a.m. ET ("Promotion Period"). Five winners will be selected each weekday, Tuesday through Friday, for all entries received from 8 a.m. on the previous day until 7:59 a.m. on the day of the drawing to win the ThisTV baseball caps. Five winners will be drawn each Monday for all entries received between 8 a.m. on the previous Friday and 7:59 a.m. on the day of the drawing. ("Daily Entry Period").
The Sweepstakes consists of sixty (60) Daily Entry Periods, for which five (5) ThisTV baseball caps will be awarded for each entry period, and three (3) monthly entry periods for which one Grand Prize winner will be selected from all entries each month to win $500 cash, in the form of a check or pre-paid Visa card ("Monthly Entry Period"), as outlined in the chart below:
|Monthly Ending Period||Start Date
(at 8:00 a.m. ET)
(at 7:59 a.m. ET)
|1||July 6, 2014||August 5, 2014||August 15, 2014|
|2||August 6, 2014||September 5, 2014||September 15, 2014|
|3||September 6, 2014||September 27, 2014||October 10, 2014|
Sponsor's computer clock that is part of its database tracking system is the official time-keeping device for this Sweepstakes.
4. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, eighteen (18) years of age (or age of majority, whichever is older in their state of residence) or older as of the date of entry. Void where prohibited. Employees of Pollcast, Inc. ("Sponsor"), Metro-Goldwyn-Mayer Studios Inc. ("MGM"), Tribune Broadcasting Company LLC ("Tribune"), and their respective parents, affiliates, companies, officers, directors and agents, and advertising or promotion agencies (collectively the “Sweepstakes Entities”) and/or members of their immediate families as such persons are ineligible to enter or win the Sweepstakes.
5. How to Enter. During an applicable Daily Entry Period running during the Promotion Period, watch ThisTV for the Friday Flick Pick audience participation segment, which will be promoted throughout each week day or visit www.thistv.com to find the valid toll-free phone number through which you can enter the Sweepstakes every day. To enter, call the valid toll-free phone number: 1-855-484-4788 (the "Friday Flick Pick Phone Number") from a touch-tone telephone. All connected calls to the Friday Flick Pick Phone Number during a Daily Entry Period as verified by Sponsor will receive an entry to the Sweepstakes for such Daily Entry Period. Entries will not be carried forward into subsequent Daily Entry Periods. You will receive the entry into the Sweepstakes as soon as your call to the toll-free phone number is picked up. You may be asked to complete a daily survey and review third party offers. You will also be offered one additional bonus entry per Daily Entry Period in the Sweepstakes if you select one or more third partyoffers, as described at the time of your call. Callers may select a third party offer by pressing the "1" key on their telephone keypad while or immediately after listening to a particular offer. When the "1" key is pressed, the bonus entry will be confirmed and the callers will be prompted to confirm that they wish to be connected with the advertiser associated with the selected offer. Callers are not required to purchase any products or services from advertisers in order to receive the bonus entry to the Sweepstakes. Purchasing a third party offer does not increase your chances of winning. Entrants' phone numbers will not be used for commercial purposes, other than for communicating and fulfilling any selected offers. Any use of entrants' phone numbers by advertisers and/or Sweepstakes Entities shall comply with the Telecommunications Consumer Protection Act. You can call from a landline or a mobile phone; please note that standard charges levied by phone carriers may apply.
Limit of one (1) entry per telephone number and per person per day, except that entrants shall be offered one (1) additional bonus entry as described above. By participating in The ThisTV Friday Flick Pick Sweepstakes, you unconditionally accept and agree to comply with these Official Rules and decisions of Sponsor, which are final and binding in all respects. Limit: Each entrant may receive one (1) entry per day during the Promotion Period, except when entrants playing in a Daily Entry Period are offered one (1) additional bonus entry as described above. Multiple entrants are not permitted to share the same phone number. Multiple entries received from one person or phone number after the first entry received from that person or phone number will be void. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the phone number used to enter will be deemed to be the entrant. The authorized account holder is the natural person assigned a phone number by a phone service provider or the authorized user if the phone number belongs to a business. The potential winner may be required to show proof of being the authorized account holder or user.
6. Selection of Potential Winner. Sponsor will randomly select five (5) potential winners from among all eligible entries received on each Daily Entry Period. Limit one (1) prize per person. Each entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by phone, through the phone number that he or she called from to enter, within ten (10) days following the end of the Daily Entry Period. Should an entrant win, he/she must be available at the phone number used to enter the Sweepstakes to receive his/her win notification and instructions on how to claim his/her Prize; Sponsor is not responsible for changes in entrants' phone numbers. If a potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, the Prize is returned as undeliverable, such potential winner forfeits his/her Prize. Sponsor will notify potential winners on their voice message system if available that Sponsor is attempting to reach them and will provide a return phone number to call. In the event the potential winner cannot be reached and does not respond within the above time period, an alternate entrant will be selected in his/her place at random from among all eligible remaining entries received for the applicable Daily Entry Period. Only one (1) alternate drawing will be held, after which such Prize will remain un-awarded. Each winner will receive his/her Prize 4-6 weeks by mail after winner verification.
7. Prizes. Five Prizes per Daily Entry Period and One Grand Prize per Monthly Entry Period: Following each Daily Entry Period, five random callers will win a ThisTV baseball cap. Amongst all entries during a Monthly Entry Period, one Grand Prize winner will be selected randomly by Sponsor and be awarded $500 cash, in the form of a check or a pre-paid Visa card ("Prizes" ) as determined by Sponsor. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a Prize with another prize of greater or equal monetary value if the designated Prize should become unavailable for any reason. Winners are solely responsible for any and all applicable fees and taxes associated with Prize receipt and use. The odds of being selected for each Daily Entry Period and Monthly Entry Period depend on the total number of valid callers during each Daily Entry Period and Monthly Entry Period.
8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's and the Sweepstakes Entities' use of winner's name, likeness, voice, opinions, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures, pre-emptions/interruptions/cancellation of the Friday Flick Pick promotions or ThisTV digital television network or any factor beyond Sponsor's reasonable control corrupts the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Sponsor reserves the right to award the Prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's or the thistv.com website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and other Sweepstakes Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. General Release and Limitations of Liability. By entering, entrants agree to release and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sweepstakes Entity, or (3) by any other cause, condition or event whatsoever beyond the control of Sweepstakes Entity. The failure of Sweepstakes Entity to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, labor strike, terrorism, act of public enemies, action of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
The Sweepstakes Entities are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, receipt, possession or use or misuse of any Prize, or from downloading any material from Sponsor's or any other Sweepstakes Entity’s website(s), regardless of whether the material was prepared by Sponsor, any other Sweepstakes Entity or a third party, and regardless of whether the material is connected to Sponsor's or the thistv.com website by a hypertext link. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. In such event, Sponsor shall only hold a special drawing if potential entrant can prove, from a valid, written phone company record, that a call was made to the ThisTV phone number on the date of claimed entry. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
11. Disputes. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any Prizes awarded, shall be governed by the laws of the state of New York, (without regard to the conflict of law provisions thereof) and resolved individually, without resort to any form of class action, and exclusively by the American Arbitration Association ("AAA") for final and binding arbitration under its Commercial Arbitration Rules to be held in New York, New York, before a single arbitrator who shall be a retired judge, in accordance with New York Civil Practice Law & Rules Section 7501 et seq. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based. The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator's award. Nothing in this paragraph shall affect either party's ability to seek from a court injunctive or equitable relief at any time; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
12. Sweepstakes Errors. The Sweepstakes Entities assume no liability and are not responsible for, and participants hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Sweepstakes.
13. Winners List: Winners List requests will only be accepted after each Daily Entry Period end date and no later than September 30, 2014. For the Winners List, send an email with subject line: "The ThisTV Friday Flick Pick Sweepstakes, Winners List Request," to email@example.com.
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